WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of an unimproved half cul-de-sac on Lot 1, Block 3, Wahlstrom Division Second Addition legally described as:  commencing at the most northerly corner of Lot 3, Block 1, Wahlstrom Division; thence along the northwesterly line of said Wahlstrom Division on an assumed bearing of north 44 degrees 30 minutes 55 seconds east 50.00 feet to the point of beginning of the land to be described; thence south 45 degrees 29 minutes 05 seconds east 130 feet; thence northwesterly a distance of 204.20 feet along a tangential curve concave to the southeast having a radius of 65.00 feet and a central angle of 180 degrees 00 minuets 00 seconds to the point of beginning and there terminating; and

        WHEREAS, pursuant to Section 100 of the City Charter and Article IV of Chapter 45 of the Duluth City Code, 1959 as amended, such petition was duly referred to the city planning commission and such commission gave due notice of public hearing and did consider same in public hearing; and

        WHEREAS, the city planning commission approved unanimously the vacation petition at its January 9, 2001, meeting.

        NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the half cul-de-sac described above, and as more particularly described on Public Document No. _________________.

        BE IT FURTHER RESOLVED, that the city clerk is hereby directed to record, with the register of deeds and/or the registrar of titles of St. Louis County, Minnesota, a certified copy of this resolution together with a plat showing the portion of the cul-de-sac to be vacated.

STATEMENT OF PURPOSE:  This resolution vacates an unimproved half cul-de-sac on Lot 1, Block 3, Wahlstrom Division Second Addition, located on the east side of 85th Avenue West, three blocks above Grand Avenue.

The purpose of the vacation is to clear title to the affected property to allow the recording of the Plat of Wahlstrom Division Second Addition. This right of way was dedicated part of the original "Wahlstroms Division" in 1977 as a temporary improvement for the end of 85th Avenue West. The "understanding" was that this temporary cul-de-sac would be vacated when the avenue was extended. The area was never improved for any street purpose and in 1991, when Wahlstrom Division First Addition was filed, 85th Avenue was extended beyond this point.

The city planning commission unanimously approved this vacation petition at its regular meeting on January 9, 2001.

Date filed: January 5, 2001 Action deadline: March 5, 2001